1-1 AN ACT
1-2 relating to the disposition of the personal property and security
1-3 deposit of a deceased residential tenant.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 92, Property Code, is
1-6 amended by adding Section 92.013 to read as follows:
1-7 Sec. 92.013. PERSONAL PROPERTY AND SECURITY DEPOSIT OF
1-8 DECEASED TENANT. (a) Upon written request of a landlord, the
1-9 landlord's tenant shall:
1-10 (1) provide the landlord with the name, address, and
1-11 telephone number of a person to contact in the event of the
1-12 tenant's death; and
1-13 (2) sign a statement authorizing the landlord in the
1-14 event of the tenant's death to:
1-15 (A) grant to the person designated under
1-16 Subdivision (1) access to the premises at a reasonable time and in
1-17 the presence of the landlord or the landlord's agent;
1-18 (B) allow the person designated under
1-19 Subdivision (1) to remove any of the tenant's property found at the
1-20 leased premises; and
1-21 (C) refund the tenant's security deposit, less
1-22 lawful deductions, to the person designated under Subdivision (1).
1-23 (b) A tenant may, without request from the landlord, provide
1-24 the landlord with the information in Subsection (a).
2-1 (c) Except as provided in Subsection (d), in the event of
2-2 the death of a tenant who is the sole occupant of a rental
2-3 dwelling:
2-4 (1) the landlord may remove and store all property
2-5 found in the tenant's leased premises;
2-6 (2) the landlord shall turn over possession of the
2-7 property to the person who was designated by the tenant under
2-8 Subsection (a) or (b) or to any other person lawfully entitled to
2-9 the property if the request is made prior to the property being
2-10 discarded under Subdivision (5);
2-11 (3) the landlord shall refund the tenant's security
2-12 deposit, less lawful deductions, including the cost of removing and
2-13 storing the property, to the person designated under Subsection (a)
2-14 or (b) or to any other person lawfully entitled to the refund;
2-15 (4) the landlord may require any person who removes
2-16 the property from the tenant's leased premises to sign an inventory
2-17 of the property being removed; and
2-18 (5) the landlord may discard the property removed by
2-19 the landlord from the tenant's leased premises if:
2-20 (A) the landlord has mailed a written request by
2-21 certified mail, return receipt requested, to the person designated
2-22 under Subsection (a) or (b), requesting that the property be
2-23 removed;
2-24 (B) the person failed to remove the property by
2-25 the 30th day after the postmark date of the notice; and
2-26 (C) the landlord, prior to the date of
2-27 discarding the property, has not been contacted by anyone claiming
3-1 the property.
3-2 (d) In a written lease or other agreement, a landlord and a
3-3 tenant may agree to a procedure different than the procedure in
3-4 this section for removing, storing, or disposing of property in the
3-5 leased premises of a deceased tenant.
3-6 (e) If a tenant, after being furnished with a copy of this
3-7 subchapter, knowingly violates Subsection (a), the landlord shall
3-8 have no responsibility after the tenant's death for removal,
3-9 storage, disappearance, damage, or disposition of property in the
3-10 tenant's leased premises.
3-11 (f) If a landlord, after being furnished with a copy of this
3-12 subchapter, knowingly violates Subsection (c), the landlord shall
3-13 be liable to the estate of the deceased tenant for actual damages.
3-14 SECTION 2. Section 92.005(a), Property Code, is amended to
3-15 read as follows:
3-16 (a) A party who prevails in a suit brought under this
3-17 subchapter or Subchapter B, E, or F may recover the party's costs
3-18 of court and reasonable attorney's fees in relation to work
3-19 reasonably expended.
3-20 SECTION 3. This Act takes effect September 1, 1999.
3-21 SECTION 4. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2769 was passed by the House on April
23, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2769 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor